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RUMMEL v. ESTELLE

No. 76-2946.

590 F.2d 103 (1979)

William James RUMMEL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 9, 1979.

Attorney(s) appearing for the Case

William James Rummel, pro se.

Scott J. Atlas, Houston, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Dunklin Sullivan, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Gilbert J. Pena, Douglas Becker, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Keith W. Burris, Asst. Crim. Dist. Atty., San Antonio, Tex., for Crim. Dist. Atty. of Bexar County, Texas.

Michael C. Kuhn, Asst. Dist. Atty., Houston, Tex., for Dist. Atty. of Harris County Texas.

Harry J. Schulz, Jr., Asst. Dist. Atty., Dallas, Tex., for Henry M. Wade, Crim. Dist. Atty.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

PER CURIAM:

This court en banc has disposed of petitioner's assertion that his sentence violated the eighth amendment. The responsibility for determining Rummel's second contention that he was denied effective assistance of counsel for his defense has been remanded to the panel. 587 F.2d 651 at 662.

Two attorneys represented Rummel in connection with the state charges. The first was appointed approximately one month prior...

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